The Rights of Indigenous

People
Presentor: Cristy L. Bagongon
Helen Grace Berganio
The Philippines …
• As of October 18, 2019 the total population
of Philippines is 108, 551, 020, based on
Worldometers elaboration of
the latest United Nations data.

• The Philippines is an archipelago that

comprises 7,641 islands with a total
land area of 300,000 square
kilometres (115,831 sq mi). It is the
world's 5th largest island country.
The Indigenous People of the Philippines
• The Philippines is a culturally
diverse country with an estimated
14- 17 million Indigenous
Peoples (IPs) belonging to 110
ethno-linguistic groups.

• They are mainly concentrated in

Northern Luzon (Cordillera
Administrative Region, 33%) and
Mindanao (61%), with
some groups in the Visayas area.
The Indigenous People of the Philippines

Luzon 33%

Mindanao
61%

Visayas 3%
Constitutional Anchors …

“ The State recognizes and

promotes the right of indigenous
cultural communities within the
framework of national unity and
development.”

1987 Constitution, Declaration of State Policies

and Principles, Article II, Sec. 22
Constitutional Anchors …

“ The state, subject to the provision of this

Constitution and national development
policies and programs, shall protect the
rights of indigenous cultural communities to
their ancestral lands to ensure their
economic, social, and cultural well being.”

1987 Constitution, National Economy and Patrimony

Article XII Sec.5
Constitutional Anchors …

“ The Congress may provide for the

applicability of customary laws governing
property rights or relations in
determining the ownership and extent of
ancestral domain.”

1987 Constitution, National Economy and Patrimony

Article XII Sec.5
Constitutional Anchors …
“The state shall apply the principle of agrarian
reform or stewardship, whenever applicable in
accordance with law, in the disposition or
utilization of other natural resources,
including of other natural resources, including
lands of the public domain under lease or
concession suitable to prior rights, homestead
rights or small settlers, and the rights of
indigenous communities to their ancestral
lands.”

1987 Constitution, Article XIII Sec. 6

Constitutional Anchors …
“The State shall recognize, respect and
protect the rights of indigenous cultural
communities to preserve and develop their
cultures, traditions, and institutions. It
shall consider these rights in the
formulation of national plans and
policies.”

Article XIV, Sec. 17

 Republic Act 8371
Indigenous People Rights Act
(IPRA)
RA 8371 …

• Republic Act (RA) No. 8371, otherwise known as the

Indigenous Peoples Rights Act (IPRA) of 1997, has
been around for almost twenty-two years to
recognize and protect the rights of the Indigenous
People of the Philippines.
RA 8371 …

• More specifically, RA No. 8371 is an act to recognize, protect,

and promote the rights of indigenous cultural
communities/indigenous people, creating a national
commission of indigenous people, establishing implementing
mechanisms, appropriating funds therefor, and for other
purposes. In simple words, the said Act provides indigenous
peoples (IPs) the right to their ancestral domains and lands.
RA 8371 …
• Indigenous peoples share distinctive traits that set them apart from
the Filipino mainstream. While the mainstream Filipinos are
Christians, the indigenous people are the non-Christians.

• Accordingly, the IPs

“live in less accessible, marginal, mostly upland areas. They have a
system of self-government not dependent upon the laws of the central
administration of the Republic of the Philippines. They follow ways of life
and customs that are perceived as different from those of the rest of the
population”
(Cruz V.) -DENR
RA 8371 …

• Landmark legislation to:

Correct Historical Injustice

Enforce Constitutional Mandates
Observe International Norms
RA 8371 …
Salient Points
• Native Title

• 4 bundles of Rights: Ancestral Domains/Land, Self-governance, Social justice

and human rights, Cultural Integrity

• Creation of NCIP or National Commission on Indigenous People

• Delineation and recognition of ADs/ALs

• Free and Prior Informed Consent

• Primacy of customary laws

• Quasi-judicial powers
Indigenous Cultural Communities/
Indigenous Peoples (ICCs/IPs)
• Homogenous Societies
• Continuously lived as organized community bounded and defined
territory
• Occupied, possessed and utilized such territories since time
immemorial under claims of ownership
• Sharing common bonds of language, customs, traditions, and other
distinct cultural traits or who have become historically differentiated
from the majority of the Filipinos
Indigenous Cultural Communities/
Indigenous Peoples (ICCs/IPs)

• There are at least 110 ethno-linguistic groups comprising the

ICCs/IPs with a population of about 14 million based on
extrapolation of Philippine population growth.
Four bundles of Rights Defined under IPRA

• Right to Ancestral Domains and Lands

• Right to self-Governance and Empowerment
• Right to Social Justice and Human Rights
• Right to Cultural Integrity
Right to Ancestral Domains and Lands
Right to Ancestral Domains and Lands
Right to Ancestral Domains and Lands
Right to self-Governance and Empowerment
Right to Social Justice and Human Rights
Right to Cultural Integrity
• The indigenous People, Ancestral Domains, and
Spiritually constitute the principle that …

LAND IS LIFE
Ancestral domains are so replete with wonders of
nature and rich biodiversity: Teeming forests and
lush of green environment, beauteous natural
landscapes, diverse flora and fauna, sustained
source of livelihood, market and pharmacy and
cultural heritage.
Map showing the CADTS (Search)
The National Commission on
Indigenous People
Mandate
• The NCIP shall protect and promote the interest and well-being of
indigenous people with due regard to their:
• BELIEFS
• CUSTOMS
• TRADITIONS
• INSTITUTIONS
(Section 39, IPRA)

... Within the framework of national unity and development.

(Sec. 22, Article II, 1987 Philippine Constitution)
Major Functions
NCIP Programs